STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO TIFFANEY AMBER STICKEL, R.P.T. RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Tiffaney Amber Stickel, R.P.T., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 465, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a registered pharmacy technician within the state of Florida, having been issued license number RPT 65039, and was employed at

2 Walgreens Pharmacy located at 7780 North Wickham Road, Melbourne, Florida. 3. Respondent's address of record is 6917 Hammock Lakes Drive, Melbourne, Florida On one or more occasions on or between July 1, 2017 through August 17, 2017, Respondent stole 350 hydrocodone/acetaminophen1 tablets from Walgreens. 5. On or about August 17, 2017, Respondent admitted the theft to her store manager and her pharmacy manager. COUNT ONE 6. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein. 7. Section (1)(e), Florida Statutes ( ), subjects registered pharmacy technicians to discipline for violating Chapter 893, Florida Statutes ( ). 1 Hydrocodone/acetaminophen contains hydrocodone and acetaminophen, or Tylenol and is prescribed to treat pain. According to Section (3), Florida Statutes (2017), hydrocodone, in the dosages found in hydrocodone/acetaminophen is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Department of Health v. Tiffaney Amber Stickel, R.P.T. 2

3 8. Chapter , Florida Statutes ( ), states in pertinent part: (6)(a) A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as authorized by this chapter... (7)(a) A person may not: 9. Acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. 9. Respondent violated Chapter 893 Florida Statutes, ( ), in one or more of the following ways: a. Possessing hydrocodone/acetaminophen, a controlled substance, in violation of Chapter (6)(a), Florida Statutes ( ); b. Acquiring and obtaining hydrocodone/acetaminophen, a controlled substance, by misrepresentation, fraud, forgery, deception, and subterfuge, in violation of Chapter (7)(a)9., Florida Statutes ( ); Department of Health v. Tiffaney Amber Stickel, R.P.T. 3

4 and/or c. Attempting to acquire and obtain possession of hydrocodone/acetaminophen, a controlled substance, by misrepresentation, fraud, forgery, deception, and subterfuge, in violation of Chapter (7)(a)9., Florida Statutes ( ). 10. Based on the foregoing, Respondent violated Section (1)(e), Florida Statutes ) by violating Chapter (6)(a), Florida Statutes ( ) and/or Chapter (7)(a)9., Florida Statutes ( ). COUNT TWO 11. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein. 12. Section (1)(r), Florida Statutes (2017), subjects a registered pharmacy technician to discipline for violating any provision of chapter Section (1)(m), Florida Statutes ( ), subjects a registered pharmacy technician to discipline for making deceptive, untrue, Department of Health v. Tiffaney Amber Stickel, R.P.T. 4

5 or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 14. Respondent employed a trick or scheme related to her profession by using her profession as a registered pharmacy technician to conceal and divert hydrocodone/acetaminophen and/or other controlled substances from her employer. 15. Based on the foregoing, Respondent has violated Section (1)(m), Florida Statutes ( ). (remainder of page intentionally blank) Department of Health v. Tiffaney Amber Stickel, R.P.T. 5

6 WHEREFORE, the Petitioner respectfully requests that the Board of Pharmacy enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 16th day of November Celeste Philip, M.D., M.P.H. Surgeon General and Secretary FILED DEPARTMENT DEP OF HEALTH UTY CLERK CLERK. DATE: NOV 2017 Keith Humphrey Assistant General Counsel Fla. Bar No Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Telephone: (850) Facsimile: (850) Keith.Humphrey@flhealth.gov PCP Meeting: 11/16/17 PCP Members: Bisaillon & Mesaros (Meshad recused for Board) Department of Health v. Tiffaney Amber Stickel, R.P.T.

7 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Mediation under Section , Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section (4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Department of Health v. Tiffany Amber Stickel, R.P.T. 7